CRISTINA ZAS v Qep Australia Pty Ltd

In the matter of *Cristina Zas v Qep Australia Pty Ltd*, the applicant, Cristina Zas, brought proceedings against the respondent, Qep Australia Pty Ltd, in the Federal Court of Australia. The dispute concerned allegations of unlawful discrimination and adverse action taken against Ms Zas by her employer.

The primary legal issues before the court were whether Qep Australia Pty Ltd had engaged in unlawful discrimination against Ms Zas under the *Age Discrimination Act 2004* (Cth) and whether the respondent had taken adverse action against Ms Zas for a prohibited reason under the *Fair Work Act 2009* (Cth). Specifically, the court was required to determine if Ms Zas's age was a factor in the decisions made by her employer that adversely affected her employment.

Judge Mercuri found that Qep Australia Pty Ltd had not engaged in unlawful discrimination or taken adverse action for a prohibited reason. The court's reasoning focused on the evidence presented, which did not establish a causal link between Ms Zas's age and the employer's decisions. The court applied the principles of statutory interpretation relevant to the *Age Discrimination Act 2004* and the *Fair Work Act 2009*, requiring the applicant to prove, on the balance of probabilities, that the prohibited reason was a substantial reason for the adverse action. The evidence did not support such a finding.

The court ordered that the application be dismissed.